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Rhode Island Civil Litigation Questions & Answers
1 Answer | Asked in Landlord - Tenant and Civil Litigation for Rhode Island on
Q: Ground water is coming through the floor for last 3 weeks a few days after it rains heavily. Revters insurance doesn't

Renters insurance doesn't cover flooding or Ground water. although water recedes the mildew smell which may be mold has made it uninhabitable. I have not slept there since Dec 23 2023 as it took them 6 days to respond to my call I've been paying hotels out of pocket and have no means to... View More

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2024

A Rhode Island attorney could advise best, but your question remains open for a week. If their response is in compliance with the terms of the policy, it isn't necessarily "Bad Faith," one of the posted categories - it might be more of a coverage issue. If it should be a covered loss... View More

2 Answers | Asked in Civil Litigation for Rhode Island on
Q: Hi I am wondering about a post final judgment ex was grated joint shared placement after final judgment 8 years ago

If I inherited property during marriage would he be able to come for that as well

James L. Arrasmith
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answered on Jan 1, 2024

In Rhode Island, property acquired by inheritance is generally considered separate property in a divorce, as opposed to marital property which is subject to division. If you inherited property during your marriage, it is typically not included in the marital estate for division purposes, provided... View More

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1 Answer | Asked in Small Claims and Civil Litigation for Rhode Island on
Q: I'm asking for my elderly parents. Wondering if this worth to go further.

They hired a company to repair their roof. During the repair, they found the wood was rotted. They couldn't go on to the next step because we were told that they had to run it through the insurance company. They put a tarp on the roof which I assume it wasn't not secure enough. We had a... View More

Albin Moser
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answered on Dec 21, 2023

If the insurance money was sent for the repairs to pay for the repairs that the contractor is doing pursuant to a budget that they submitted to the insurance company, then yes, you have to give the money to them in order to keep them under the obligation to finish the work. If there is a problem... View More

1 Answer | Asked in Civil Litigation for Rhode Island on
Q: The person who was paying me restitution died still owing me $3200. What are my rights now?

I have a Judgement of Civil Liability dated May 2023, since she didn't make all her payments in the allotted time, yet I have not been able to find her to enforce it. I have recently learned she passed away. Am I able to put a lien on her estate?

James L. Arrasmith
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answered on Nov 20, 2023

In Rhode Island, if a debtor owing restitution passes away, the debt becomes a claim against their estate. Since you have a Judgement of Civil Liability, you have a legal basis to pursue this claim.

To enforce the judgment, you should file a claim with the executor or administrator of the...
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1 Answer | Asked in Banking, Business Formation, Civil Litigation and Consumer Law for Rhode Island on
Q: If I am caught in the law in Indonesia, can the team help?
Neville Bedford
Neville Bedford
answered on Nov 7, 2022

Not sure by what you mean: "caught in the law in Indonesia" or who you may be referring to as "the team." Generally speaking, only counsel licensed in each state, country, or jurisdiction may practice law in that state, territory, or country, unless granted special admission by the particular court.

1 Answer | Asked in Civil Litigation for Rhode Island on
Q: What is the time limit for unclaimed fur storage and cleaning By ri law
Neville Bedford
Neville Bedford
answered on Dec 6, 2021

This will most likely be governed by the agreement that was made by the storage company. It may have been posted or written in a contract you signed when you delivered the goods for storage.

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Traffic Tickets for Rhode Island on
Q: If I live in CT & got a ticket in Rhode island. I would like to fight it in court. Do RI or CT laws apply 2 me in court

I have been driving 2 years, I have a clean record, great credit.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 23, 2021

Traffic ticket issued in Rhode Island so you are under the jurisdiction and law of Rhode Island. It is recommended that you contact a Rhode Island traffic ticket attorney to discuss your matter and options----depending on the circumstances, you might be able to hire the RI attorney and he might be... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Rhode Island on
Q: Is it legal to have a Shared utility only wired to my meter? This has never been disclosed to me by the landlord.

My electric bill is triple my neighbors. I have lived here for 5 years. My landlord has never mentioned that I pay for a shared utility. This has just come to light when I had an electrician come check to see why my electric bill was so high. Upon further examination a plumber became involved... View More

Neville Bedford
Neville Bedford
answered on Jul 6, 2020

It is unclear what expense is shared, and what is due to the leak. If the pump is not yours, you may have a case of theft of utilities against the person who wired it on your service. This may require more investigation and perhaps professional legal representation. Once you have all of the... View More

2 Answers | Asked in Civil Litigation, Civil Rights, Small Claims and Products Liability for Rhode Island on
Q: Hi, I moved in with a close friend like 5 months ago to rent out a room in her house. No verbal agreement was signed, be

sides that i would pay half. now shes trying to "evict" me. What do i do ????

Tim Akpinar
Tim Akpinar
answered on Jul 2, 2020

This is something a Rhode Island landlord-tenant attorney should advise on. But your post remains open for four weeks. The other categories aren't really relevant. But as a practical matter at this point, if the dynamic in such close confines is uncomfortable, whatever the state of affairs... View More

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Q: How can i change or revise a personal injury claim from neglience to reckless? Please help
Tim Akpinar
Tim Akpinar
answered on Jun 6, 2020

A Rhode Island attorney could best advise, but your post remains open for two weeks. Until you are able to consult with a local attorney, as a general premise, if you are talking about a purely civil matter, that distinction could be one that the insurance carrier and the claimant, or their... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Rhode Island on
Q: What US Statutes would I cite for 14th Amendment Due Process Violations, & which do I cite for Tort Claims - negligence

Filling out the Federal Civil Cover sheet on my own. It says to cite US Statutes for my claims. I am suing for violation of Due Process under 14th Amendment. My dog was taken and killed. I know 1983 for violation of rights but I also need to cite the 14th amendment clause for deprivation of... View More

Gary Kollin
Gary Kollin
answered on Sep 2, 2019

I would suggest you re evaluate your decision to go pro se.

From your question it appears you do not have a total grasp on the fundamentals.

to

There is no statute for negligence and malicious prosecution. They are torts of common law.

When you sue for a violation...
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1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Civil Litigation for Rhode Island on
Q: Inheritance rights where estate wrongly dealt with by intestate succession

Substantial estate passed by intestate succession after named beneficiary in a will could not be located. Named beneficiary located 10-years later. Do they have rights to claim?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 25, 2019

Probably not--unless there is clear evidence of some kind of fraudulent behavior on the part of other heirs.

1 Answer | Asked in Civil Litigation and Real Estate Law for Rhode Island on
Q: Bought home with big fenced yard for dogs, 5 minutes after closing found out 1/3 of the yard belongs to neighbor. Help.

Last Monday we bought a house in Rhode Island with a big fenced in yard for our dogs. As we were at the closing at the lawyers, the seller of the house told the next door neighbor that a portion (about 1/3) of our soon to be property actually belonged to her and was not part of his property at... View More

Andrew Bilodeau
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Andrew Bilodeau
answered on May 7, 2019

Hello,

There are many components to this That need to be examined before I would be able to give you a correct answer. If during the transaction you purchased title insurance and the owner signed an Affidavit swearing that there are no known encroachments, boundary disputes, etc. you may...
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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Trademark for Rhode Island on
Q: Is "Newport Wellness" registrable as a service mark? geographically descriptive + generic term for the services.

I don't think it is, but I'm looking for other opinions.

Per USPTO, Generic words cannot qualify as “marks” in the legal sense and are never registrable or enforceable against third parties. Because generic words are the common, everyday name for goods and services and... View More

Neville Bedford
Neville Bedford
answered on May 14, 2019

Speak with a trademark attorney. They will explain the impact of the disclaimer to the plain words, the limitation, of the category of trade for which one might register, and other options you may consider to give you more than "thin protection" . They will also explain the... View More

1 Answer | Asked in Banking, Civil Litigation and Identity Theft for Rhode Island on
Q: My cousin fraudulently opened a bank account in my name in 5/16 has the statue of limits already exceeded for acivil cas

Or a criminal case I was in jail when she did this to me she got into my bank account n opened another one over the phone n the bank cloned my signature

Neville Bedford
Neville Bedford
answered on May 27, 2018

Lot of questions here - Were you under a conviction whilst in jail? (then you may have been civilly dead under the law) That will have some impact on the analysis. When did you discover the identity theft ? Did you file a police report? Put a lock on the three credit bureaus ? Was she prosecuted?... View More

1 Answer | Asked in Legal Malpractice and Civil Litigation for Rhode Island on
Q: Can a lawyer have client's settlement check made under his name, take it, keep deducting his fees, with no explanation
Neville Bedford
Neville Bedford
answered on Feb 17, 2018

You should receive a settlement sheet summary of the fees and costs incurred in your settlement.

1 Answer | Asked in Legal Malpractice and Civil Litigation for Rhode Island on
Q: Can a lawyer have client's settlement check made under his name, take it, keep deducting his fees, with no explanation
Neville Bedford
Neville Bedford
answered on Feb 17, 2018

You should receive a settlement sheet summary of the fees and costs incurred in your settlement.

0 Answers | Asked in Civil Litigation and Animal / Dog Law for Rhode Island on
Q: I live in a Mobil home park in portsmouth there is a weight limit also 25 pounds. My neighbor has a full german shepard

I have made a written complaint to management also the owner of park. Gone to DBR of R.I. This dog lunges at me and my company on a daily basis animal control will not do anything to help me. I can not move freely on my property which states in my lease if this occurs contact management. Please... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Rhode Island on
Q: Do I have legal recourse, monetary claim against state agency?

My stupid led to a night in the ACI. I was wearing jewelry approximate retail value of about $30k. This occurred back in 2011 I was shocked that their procedure was to take all my jewelry and belongings put it into 8 by 11 mailer and mail it out with no tracking what so ever: fyi they do now. They... View More

Neville Bedford
Neville Bedford
answered on Jun 25, 2017

After six years have lapsed, it is unlikely you will get to a satisfactory resolution.

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